1853.

REG. GEN.

Issue.

1.-Form of an Issue, in General.

In the Queen's Bench [or " Common Pleas," or "Exchequer of Pleas," as the case may be].

(The Venue.)—A. B. by P. A. his attorney [or “in person," as the case may be, and as in the declaration] sues C. D., who has been summoned to answer the said A. B. by virtue of a writ issued on the

,

in the year of our Lord

day of (the date of the first writ), out of Her Majesty's court of Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas," as the case may be,] For, [&c. Copy the declaration from these words to the end, and all the pleadings, with their dates, writing each plea or pleading in a separate paragraph, and numbering the same as in the pleading delivered, and conclude thus :-] Therefore let a jury come, &c.

1853.

2.-Form of a Nisi Prius Record.

REG. GEN.

record.

The Nisi Prius record will be a copy of the issue as Nisi prius delivered in the action. It must be ingrossed on parchment, and a more convenient shape than that heretofore in use must be adopted.

day of

A.D.

3.-Form of a Postea on a Verdict for Plaintiff on all
the Issues, where the Cause is tried in London or Mid-
dlesex, and where the Defendant appears at the Trial.
Afterwards on the
(the first day of the sittings) at the Guildhall of the city
of London [or "at Westminster Hall, in the county of
Middlesex"], before the Right Honourable John Lord
Campbell, her Majesty's Chief Justice assigned to hold
pleas in the court of our Lady the Queen before the
Queen herself [or, if in the Common Pleas, "before the
Right Honourable Sir John Jervis, Knight, Her Majes-
ty's Chief Justice assigned to hold pleas in Her Majesty's
court of the Bench;" or, in the Exchequer, "before
the Right Honourable Sir Frederick Pollock, Knight,
Chief Baron of Her Majesty's court of Exchequer,"]
come the parties within mentioned, by their respective
attorneys within mentioned, and a jury of the within
county [or "city"], being summoned, also come, who,
being sworn to try the matters in question between the
said parties, upon their oath say that, [&c. state the
affirmative or negative of the issue as it is found for the
plaintiff, and in the terms adopted in the pleading.] [If
there be several issues joined and tried, then say, "as to
the first issue within joined, upon their oath, say that,"
&c. (state the affirmative or negative of the issue as found
for plaintiff), "and, as to the second issue within joined,
the jury aforesaid, upon their oath, say that," (&c. so
proceed to state the finding of the jury on all the issues.]
[Conclude with an assessment of the damages, thus:]

Postea in
Middlesex.

London or

1853.

REG. GEN.

At the assizes.

Judgment for

And they assess the damages of the plaintiff on occasion of the premises within complained of by him, over and above his costs of suit, to £ and for those costs to 40s. Therefore, &c.

4.-The Like, where the Cause is tried at the Assizes.

Knight, and Sir

before Sir

,

, Knight, justices of our said lady the Queen, assigned to take the assizes in and for the within county [or "city and county," or "town and county," as the case may be], come the parties within mentioned, by their respective attorneys within mentioned; and a jury of the said county [or "city and county," or "town and county," as the case may be], being summoned, also come, who, being sworn to try the matters in question between the said parties, upon their oath, say that [&c. state the negative or affirmative of the issue as it is found for the plaintiff, and in the terms adopted by the pleading.] [If there be several issues joined and tried, then say, "as to the first issue within joined, upon their oath, say that," (&c. state the affirmative or negative of the issue as it is found for the plaintiff,) "and, as to the second issue within joined, the jury aforesaid, on their oath aforesaid, say that," (&c. so proceed to state the finding of the jury on all the issues.)] [Conclude with stating an assessment of the damages, thus:] And they assess the damages of the plaintiff, on occasion of the premises within complained of by him, over and above his costs of suit, to £

those costs to 40s. Therefore, &c.

and for

5.-Form of a Judgment for Plaintiff on a Verdict in a

Town Cause.

[Copy the Nisi Prius record, and then proceed thus:]

the parties aforesaid, by their respective attorneys afore-
said [or, as the case may be, if they have not appeared by
attorneys], and the Right Honourable John Lord
Campbell, Her Majesty's Chief Justice assigned to hold
pleas in the court of our Lady the Queen before the
Queen herself [or, if in Common Pleas, "The Right
Honourable Sir John Jervis, Knight, Her Majesty's
Chief Justice assigned to hold pleas in Her Majesty's
court of the Bench," or, if the Exchequer, "The Right
Honourable Sir Frederick Pollock, Knight, Chief Baron
of Her Majesty's court of Exchequer," or
"The
Honourable Sir
Knight, before whom the said
issue was (or "issues were") tried in the absence of Her
Majesty's Chief Justice, &c.," as the case may be,] hath
sent hither his record had before him, in these words:
Afterwards [&c., copy the postea]. Therefore it is
considered that the plaintiff do recover against the de-
fendant the said moneys by the jurors aforesaid in form
aforesaid assessed [or, if the action be in debt, and the
jury do not assess the debt, but only the damages and forty
shillings costs, then say, "do recover against the defend-
ant the said debt of £
and the moneys by the
jurors aforesaid in form aforesaid assessed"]; and also
£ for his costs of suit by the court here adjudged
of increase to the plaintiff; which said moneys and costs
[or "debt, damages, and costs,"] in the whole amount
to £

[In the margin of the roll, opposite the words "There-
fore it is considered," write "Judgment signed the
day of

the judgment.]

A.D.

"stating the day of signing

6.-The like, in a Cause tried at the Assizes.

1853.

REG. GEN.

plaintiff on a town cause.

verdict in a

[Copy the Nisi Prius record, and then proceed thus:] In a country

cause.

1853.

REG. GEN.

Lord

Afterwards on the

(day

day of , in the year of Our of signing final judgment), come the parties aforesaid, by their respective attorneys afore

Issue to be tried by the sheriff, &c.

Writ of trial.

said (or as the case may be); and Sir

and Sir
Knight, Justices of our Lady the Queen
assigned to take the assizes in and for the said county [or
"city and county, &c., as the case may be], before whom
the said issue was [or "issues were"] tried, have sent
hither their record had before them, in these words:
Afterwards, [&c. Conclude as directed in the preceding
form.]

7.-Form of an Issue, where it is directed to be tried by the Sheriff, &c.

,

day of

[Commence the issue as in the form No. 1. above prescribed. Then copy all the pleadings, and, after the joinder of issue, proceed as follows:] And forasmuch as the sum sought to be recovered in this suit, and indorsed on the said writ of summons, does not exceed 207., hereupon on the in the year (teste of writ of trial), pursuant to the statute in that case made and provided, the sheriff [or "the judge of being a court of record for the recovery of debt in the said county," as the case may be,] is commanded that he summon twelve &c., who neither &c., who shall be sworn truly to try the issue [or "issues,"] above joined between the parties aforesaid, and that he proceed to try such issue [or "issues"] accordingly; and, when the same shall have been tried, that he make known to the court here what shall have been done by virtue of the writ of our Lady the Queen to him in that behalf directed, with the finding of the jury thercon indorsed, on the &c.

day of

8.-Form of a Writ of Trial before the Sheriff, &c. Victoria, by the grace of God, of the united kingdom